Expert: Robert P. Firriolo - 3/29/2011

Question
I have been a little uneasy about filing for my pistol permit.  I do want and desire to do so, however, there are a couple of questions that I do have that I am uneasy to ask due to being looked/frowned upon.  Back in 2004 after graduating highschool I choose to join the marines.  This did not work out and I was sent home with an ESL separation due to fraudulent(when I was a preteen I suffered depression due to family issues) I was wondering if this could effect my ability to receive my pistol permit? (this subject still confuses me, granted I was in the military, however I never really was in the military).  A side question would be too, if this can effect my ability to receive my pistol permit, could this also effect my ability to work as a probation officer? Thank you in advance.

Answer
The standard firearm license application form approved by the NY State Police has a question that asks, "Have you ever been terminated or discharged from any employment or the armed forces for cause?" The term "for cause" is not defined. The question you need to answer is whether your separation was "for cause." If so, you are required to answer "yes" and you will need to explain the details on the application, and you will also likely have to explain to the licensing officer (a judge) in Orleans County why your separation should not prevent you from possessing a firearm.

You apparently have an Entry Level Separation ("ELS") and do not have a dishonorable discharge, so you would not automatically be prohibited from possessing firearms under state or federal law. However, the terms of your separation could be found to make you not of "good moral character" and thus unfit to hold a license in the eyes of the judge.

This is not a military law forum, and from the information provided I cannot tell you whether your separation was "for cause" or not. I suggest checking your DD214, and see what says in the "Character of Service," "Separation Code" and "Narrative reasons for separation" fields. From there you may be able to determine yourself whether your separation was "for cause." You may also want to consult with an expert in military law or veterans' benefits to determine whether your ELS is considered by the military to have been "for cause."

You may also consider contacting the New York State Police Pistol Permit Bureau, and asking them whether an ELS is considered "for cause" as they use that term on the application. You may contact them by email at: PISTOLPT@troopers.state.ny.us .  Good luck to you.